WVC 29 - 25 - 7
§29-25-7. Local option.
(a) No gaming facility may be licensed to operate in a county
until the county commission of the county holds an election on the
question of whether a gaming facility may be operated within the
county and the voters approve the operation of a gaming facility in
the county. The election shall be determined by a vote of the
resident voters of the county in which the facility is proposed to
be located.

The county commission of the county in which the proposed
facility is located shall give notice to the public of the election
by publication of the notice as a Class II-0 legal advertisement in
compliance with the provisions of article three, chapter fifty-nine
of this code, and the publication area for the publication shall be
the county in which the election is to be held. The date of the
last publication of the notice shall fall on a date within the
period of the fourteen consecutive days next preceding the
election.

On the local option election ballot shall be printed the
following:

Shall West Virginia lottery commission video lottery games and
authorized games of chance be permitted within an area at the [name
of qualified historic resort hotel]?

[ ] Yes [ ] No

(Place a cross mark in the square opposite your choice.)

Any local option election to approve or disapprove of the
proposed authorization of a gaming facility within a county shall
be in accordance with procedures adopted by the commission. The
local option election may be held in conjunction with a primary or
general election, or at a special election. Approval shall be by
a majority of the voters casting votes on the question of approval
or disapproval of gaming facility operations at the election.

If a majority votes against allowing a gaming facility, no
election on the issue shall be held for a period of one hundred
four weeks. If a majority votes "yes" no election reconsidering
the action may be held for a period of five years. A local option
election may thereafter be held if a written petition of qualified
voters residing within the county equal to at least five percent of
the number of persons who were registered to vote in the next
preceding general election is received by the county commission of
the county in which the gaming facility is to be located. The
petition may be in any number of counterparts. The election shall
take place at the next primary or general election scheduled more
than ninety days following receipt by the county commission of the
petition required by this subsection: Provided, That the issue may
not be placed on the ballot until all statutory notice requirements have been met: Provided, however, That no subsequent disapproval
may take effect until after the expiration of the five-year
licensing period in effect at the time of the referendum.

(b) No local law or regulation providing any penalty,
disability, restriction, regulation or prohibition for operating a
gaming facility or supplying a gaming facility may be enacted, and
the provisions of this article preempt all regulations, rules,
ordinances and laws of any county or municipality in conflict with
this article.

(c) Except as specifically provided in this article, no other
fees or taxes may be imposed by a local governing body.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
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